BINAYA KUMAR NAYAK Vs. SULACHANA PANDA

JUDGEMENT

(1.) The Appellant, by filing this Appeal under Sec. 100 of the Code of Civil Procedure, 1908 (for short, 'the Code'), has assailed the judgment & decree dtd. 17/3/2018 and 31/3/2018 respectively passed by the learned Additional District Judge, Dhenkanal in R.F.A. No.09 of 2013 (14 of 2017). Late Sulochana Panda as the Plaintiff, had filed C.S. No.318 of 2010 in the Court of the learned Civil Judge, Senior Division, Dhenkanal for declaration of her right, title, interest and possession over the properties described in Schedule-A of the plaint with further declaration that the sale deeds in respect of Schedule-B & B-1 properties are null and void and the Respondent Nos.2 to 12 (Defendant Nos.1 to 11) have no manner of right, title and interest over the said properties with the prayer confirmation of possession of Respondent No.1 (Plaintiff) over Schedule-B & B-1 properties in the alternative for recovery of possession, if found to have been dispossessed.

(2.) Sulochana (Plaintiff) having died after disposal of the First Appeal, her legal representatives including the legal representatives of her deceased son have been substituted as Respondent No.1(a)(ii) to 1(a)(iii).

(3.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Suit.